Please find below for detailed information on our cancellation & refund policy
Please find below for detailed information on our cancellation & refund policy
Welcome to Diversity Studio the website for the street dance group publicly known as “Diversity” (the "Site", which definition shall also include all mobile applications and any other websites owned and operated by us throughout the world and bearing the name Diversity Studio. The Site is owned and operated by FORWARD MOVEMENT LIMITED (company no 08926938), Elsley Court, 20-22 Great Titchfield Street, London, United Kingdom, W1W 8BE ("we", "us"; “our”).
The following terms and conditions ("Terms") apply to all use of the Site by you and form a legal agreement between you and us. You may use the Site as a casual browser, or you may subscribe for the different Site memberships. Please read these Terms carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Site. If you are under the age of 18 or do not understand these Terms, please ask a parent or guardian to explain their meaning to you.
For the purpose of these Terms, Diversity (and each of the individual members of Diversity) shall be referred to collectively as "the Artist".
GENERAL USE OF THE PLATFORM
Eligibility and Approval. You may browse the Site without registering or subscribing but in doing so you accept and agree that certain areas of the Site will not be available to you unless you register or subscribe with the Site. You may be asked if you wish to register each time you try to access any part of the Site that requires registration. To subscribe to the Site you may be asked to provide certain information about yourself; this is more particularly set out below.
We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or membership of the Site.
When you register or subscribe with the Site you will create an account (“Your Account”). This account is unique to you, and we will only accept one account per registrant or subscriber. You are expressly forbidden from sharing your username and password to Your Account with third parties. If your account has been compromised (as notified by you) or if we have reason to believe that that you are sharing your account details with third parties, we reserve the right, at our absolute discretion, to disable Your Account until further notice to you.
General Representations and Warranties. You hereby represent and warrant:
you have the full power and authority to enter into and perform under these Terms;
your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; and
you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
Minimum specifications for use of the Site. We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Site or any content (including, without limitation, Content and User Content (as defined below)) and/or pages contained on the Site or available through the Site, or for any damage caused to your computer and/or associated systems, resulting from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Site.
You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation. Notwithstanding the above, we shall have no liability whatsoever, howsoever arising for the consequences of any viruses, Trojan horses, time bombs or other bugs or defects that your computer may be subjected to in the course of your use of the Site.
BECOMING A MEMBER - REGISTRATION
Obligations. If you wish to register or become a member to the Site you must click on the “Become a Member” page on the Site and register and subscribe using our online registration or membership subscription process. You do not need to subscribe to the Site in order to access the Diversity Studio store which is located at [www.diversitystudio.co.uk/shop] ("Store"). You may access the Store via the Site freely. In becoming a member of the Site and/or registering an account on the Store, you agree to provide, amongst other information requested, and maintain:
an email address and your name;
a true, accurate, current, and complete information about yourself as prompted by the Site’s and/or Store's registration process; and
updated that information to keep it true, accurate, current, and complete.
You will also receive an account upon completing the Site’s membership registration process. You are responsible for maintaining the confidentiality of your email address, password and your account and are fully responsible for all activities that occur under your email address, password, or account. You agree to:
immediately notify us of any unauthorised use of your email address, password or account or any other breach of security; and
ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
Registering to the Site. Upon registering to our Site, you may then have to provide certain further information (for example, details of your bank account) and you will then be required to pay the membership fee: the membership fee will be set out on ‘Become a Member’ page and is subject to amendment from time to time.
We have three types of membership plans to our Site:
‘Pay-as-you-go’. This plan is a general plan and requires no on-going payment commitments. You pay for what you book/view in connection with ‘in-person’ dance classes (on a first-come-first-serve basis and subject to availability), dance tutorials and/or ‘online streams’;
‘Online Membership’ (monthly). This plan provides unlimited access to an online repertoire of regularly updated dance tutorials including ‘live streamed’ Content in high definition; and
‘Full Membership’ (monthly). This plan provides unlimited access to an online repertoire of regularly updated dance tutorials including ‘live streamed’ Content in high definition each month. It also includes guaranteed access to one weekly ‘core’ class and provides 48 hour early access to additional ‘in-person’ classes at Diversity Studio (subject to the ‘in-person’ class schedule) so that you can be ahead of the crowd when booking your place for your additional favourite ‘in-person’ class(es). This plan also offers opportunities be included in Diversity Studio’s showcases and award shows. Please note that, even though you will have early access to book additional ‘in-person’ classes on the Full Membership plan, other users on this plan will have the same rights as you and, so, early access to any additional class(es) will be on a first-come-first-serve basis amongst Full Members. We recommend that you refer to our class schedule and use your early access to book accordingly to increase your chances of securing your desired additional ‘in-person’ class booking. Please also note that, whilst the one weekly ‘core’ class is included in the Full Membership fee, any additional ‘in-person’ class fees are separate to and not included in the monthly Full Membership plan.
The applicable membership fee for that period is payable on either a ‘pay-as-you-go’ basis (i.e., you pay for the individual classes or streams you wish to access) or on monthly instalments. Which level of access you receive and the applicable fee payable by you will depend on the membership plan of your choice.
In return for payment of the membership fee for ‘Online Membership’ and ‘Full Membership’ plans, depending on your plan, you will receive exclusive access to:
48-hour early access to book ‘in-person’ dance class at Diversity Studio (available for ‘Full Membership’ only);
Live streamed dance classes (unlimited access only for ‘Full Membership’ and ‘Online Membership’ plans);
high-definition dance tutorials (unlimited access only for ‘Full Membership’ and ‘Online Membership’ plans);
other exclusive content, events, merchandise, competitions and prizes and fan and Artist comments and interactions, that we may feature on the Site from time to time.
In these Terms, we refer to these items (and all other content we make available to you from time to time via the Site) as, collectively, "Content".
Refunds of the membership fee. You agree that your membership fee shall not be refundable to you under any circumstances other than as specifically set out in these Terms and/or unless we are in breach of our obligations to you in respect of your membership (as set out in these Terms) and we have not remedied that breach within 28 days of receiving notice from you of our breach.
CONDUCT AND USE OF THE SITE
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
We shall provide the Content via the Site. If you wish to access and receive Content, you must click on the “Become a Member” button (which may be given a different name from time to time) and you will be taken to a page setting out the membership options, membership fees and payment options to proceed with your membership. Upon successfully completing your membership you shall be granted access to the applicable Content subject to your membership plan (subject to these Terms).
Content may contain audio-visual tracks available for streaming. These tracks can only be accessed via a membership (except for any audio and/or visual music streaming that may be hosted on or linked to third party platforms accessible through the Site from time to time).
At our sole discretion we may offer one or more videos to you as a registered user of the Site (whether or not you are a member) for free download and/or streaming.
We may offer Artist merchandise as part of certain specific membership fee tiers; if so, such sales will be governed by the separate Store terms and conditions, including refund exchange policies and relevant shipping and delivery information, which will be found on our Store.
If you are a minor using the Site, you agree that any content or information that you may upload onto the Site is done so under your parent or guardian’s express supervision. Any content or information uploaded to the Site by a minor will be deemed to be uploaded or provided by their parent or guardian, who will remain responsible for that content and information at all material times. You accept and agree that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Notwithstanding the above you may report any such content to us by emailing us at email@example.com providing details of the content or information being reported and a link to it and we shall use our reasonable endeavours to review, monitor and/or remove such content (as appropriate).
We shall provide all Content in such format types as we shall determine. Your computer, tablet, smartphone, laptop or other device that you use for accessing the Site must be of sufficient technical specification to be able to download and access content from the Site in such formats and file sizes as we provide and we do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the content from the Site, resulting from the incompatibility of your computer, phone, tablet or other device and/or their associated systems with the required technical specifications.
Where you download with our consent any apps or widgets (i.e. software) or other Content from the Site, then such use is restricted to your personal and non-commercial use only. We reserve the right to revoke any permissions granted to you on notice. Any software, material or other Content downloaded from our Site is provided on an ‘as is’ basis only. Whilst we take reasonable commercial measures to ensure that content made available to you is free from viruses, it is your responsibility to ensure that you have up to date anti-virus protection software operating on your system and we shall bear no responsibility or liability in this regard. Notwithstanding the above, we shall have no liability whatsoever, howsoever arising for the consequences of any viruses, Trojan horses, time bombs or other bugs or defects that your computer may be subjected to in the course of your use of the Site.
You can pay for your membership either on a ‘pay-as-you-go’ or monthly basis (depending on your membership plan) by Direct Debit (in the UK only) or credit card or as otherwise expressly allowed on the Site. For clarity, there is no recurring fee for ‘pay-as-you-go’ memberships and, if you are a ‘pay-as-you-go’ member, you will only pay for the Content and/or classes that you wish to access at the point of purchase.
By making any payment on the Site, you represent and warrant either that:
you are at least 18 years of age; or
We reserve the right at our sole discretion to offer discounted membership fees and/or any other offers, promotions, competitions, and gift cards from time to time and any such applicable offers shall be advertised on the Site.
All of your membership receipts shall be emailed to you at the address you provided on your registration to the Site as proof of purchase.
If we remove all Content from the Site during your period of membership then your membership shall be deemed to end on the date at which all such Content is removed or at the end of your current membership period, whichever is the soonest, and you shall not be obliged to make any further payment in respect of your membership.
Refunding your membership fee(s); individual live steams and in person class bookings:
if we suspend or terminate your membership and/or use of the Site because:
you are (or we believe you are) in breach of these Terms; or
either of us becomes bankrupt, insolvent and/or has a receiver or an administrative receiver appointed over us or over any part of our undertaking or assets or passes a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or becomes subject to an administrative order or enter into any voluntary agreement with our creditors;
you will not receive any refund of your membership fee (and this is without prejudice to any other rights and remedies we may have in such circumstances whether under these Terms or at law generally);
If you are on a ‘pay-as-you-go’ membership plan, and if you have booked an ‘in-person’ or ‘live steam’ class with us at Diversity Studio and can no longer attend that ‘in-person’ or ‘live stream’ class for whatever reason, we can provide you with a credit note to the same value of the class that you have booked, provided always that you provide us with more than 24 hours notifying us of your non-attendance via the our app and/or Site. The credit note will be added to Your Account and you will be able to redeem that credit note against a future ‘in-person’ or ‘live stream’ booking of the same value. You may also use your credit note for a higher value ‘in-person’ or ‘live stream’ class, but you will be prompted to pay the difference between the value of the credit note and the higher value class. For the avoidance of doubt, we will not be able to issue any credit notes if you give us notice of your non-attendance less than 24 hours prior the applicable class booking. Please note that such credit notes are not available for Online Membership and Full Membership plans for those reasons set out below in section 5.6(c) of these Terms. If any ‘live streamed’ or digital content that you have purchased from the Site and we have provided to you is incorrect or faulty, we will do our best to repair or remedy any affected content. In the case that we cannot, we can provide you with a credit note to Your Account to the same value of your purchase to redeem against other digital content or ‘live streams’ on the Site as replacement. The same will apply if you have booked an ‘in-person’ class at our Studio and we are unable to provide such class to you.
If you have registered to our Site on our ‘Online Membership’ or ‘‘Full Membership’ monthly membership plan, we cannot refund you or provide any credit notes if you: (i) cannot attend a ‘live-stream’ class or an ‘in-person’ guaranteed weekly ‘core’ class (as applicable to Full Membership members only). In the latter case, payment for the Full Membership plan is billed upfront each month to reserve Full Memberships members their guaranteed slots for each weekly ‘core’ class. Those members on Full Membership plans will be able to choose which weekly ‘core’ class they wish to attend, but please note that such guaranteed class perks are treated as a weekly pre-booked class which are non-cancellable, so please make sure that you can attend the weekly ‘core’ class when you book; or (ii) choose to unsubscribe from the Site and/or to close Your Account on the Site during your monthly membership period, as in each case (in sections 5.6(c)(i)-(ii), you will have had unlimited access to certain Content and guaranteed perks during the monthly period.
Changing your membership plans. You can change your membership plan at any time. For example, if you are on ‘pay-as-you-go’ membership plan, you can upgrade to our ‘Online ’ or ‘Full Membership’ membership plans and access the additional features associated with those plans. Likewise, you may downgrade your membership plan in the same way. If you are upgrading your membership plan, you will be charged the full monthly fee in connection with the applicable membership at the point of upgrade and you will be granted immediate access to the features applicable to that upgraded membership plan. Going forward, you will be billed at the upgraded membership plan fee until you cancel you or change your membership plan. If, on the other hand, you decide to downgrade your membership plan, you will lose access to the applicable features of your membership at the point of downgrade and your rights to access Content features going forward will be limited to the applicable membership plan you have downgraded to. We do not offer pro-rata refunds in the circumstances of an upgrade or a downgrade of membership plans because you will have had access to the applicable membership plan Content and associated features up until the point you have upgraded or downgraded. For this reason, we strongly recommend that if you are considering downgrading your membership plan, you should do so toward the end of the applicable month’s billing cycle (which will vary depending on when you became a member and the associated billing cycle for that membership) so that you can make the most out of your membership plan during the remainder of the month that you have already paid for. If you have downgraded your membership plan, you will be billed at the applicable downgraded membership plan fee until you cancel you or change your membership plan. If you have any questions regarding upgrading or downgrading your membership plan, please contact us at firstname.lastname@example.org.
Cancelling your membership. In order to cancel your membership to the Site, you can do so by accessing Your Account ‘settings’, select the ‘manage membership' page and select the ‘cancel membership’ option. Your membership will then automatically come to an end and we shall not take any further payment from you from thereon unless you choose to re-subscribe. Upon cancellation, any privileges and/or access to Your Account will be immediately revoked and you will no longer be able to use your log-in details to access Your Account after you have cancelled your membership to the Site.
You shall be solely responsible for all of the content (including without limitation comments) you upload to Your Account page on the Site and post on any other pages on the Site ("User Content") and for the consequences of uploading User Content.
In connection with User Content, you represent, and warrant that you own or have any necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of User Content.
You will not upload User Content and/or use the Site in any way that:
infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy rights;
is (or encourages, promotes or condones activities that are) illegal, unlawful, offensive, defamatory, libellous, is threatening, pornographic, harassing, hateful, racially or ethnically offensive;
promotes, supports, contains or links to software programs, applications or websites which propagate, distribute or contain hacking software or similar applications, utilities or programs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
is designed to or does harass, threaten or abuse others;
exploits minors in a sexual or violent manner;
impersonates another person;
is generally offensive or in bad taste;
"deep links" to any portion of the Site;
uses any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission;
contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
removes any copyright, trademark or other proprietary rights notices contained in or on the Site;
could damage, disable, overburden or impair the Site;
reformats or frames any portion of the web pages that are part of the Site;
interferes with another user’s use and enjoyment of the Site;
harvests or collects email addresses or other contact information of users from the Site by electronic or other means;
includes materials or content of any third party without such third party’s prior written consent, or materials or content that falsely expresses or implies that such materials or content are sponsored or endorsed by us and/or the Site; and/or
Is otherwise in our reasonable opinion a breach of these Terms and/or applicable laws, regulations or codes of practice.
If we are notified that any or all of User Content infringes the rights of any third party and/or are otherwise in breach of these Terms, we will remove such infringing parts of User Content. We reserve the right ourselves to remove any of User Content we deem in our absolute discretion to be so infringing or in breach of these Terms, and/or terminate your access to the Site for uploading such infringing Content, at any time and without prior notice. If we terminate your access to the Site in accordance with the foregoing then you shall not be entitled to any refund of your membership fees paid prior to the date of such termination.
The views expressed in any of User Content are the views of the individual authors and not those of us unless specified otherwise by us. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
By using the Site you acknowledge that we have no responsibility to review the content of any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over User Content.
You are solely responsible and liable for any activity, behaviour, use and conduct you engage in relating to the Site. We have no liability and you bear the sole and exclusive risk associated with your use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of and registration to the Site.
You shall indemnify us and hold us harmless from all damage, costs and expenses (including reasonable legal fees) incurred by us as a result of any claim arising out of any breach by you of these Terms and/or in connection with any of User Content submitted by you.
COPYRIGHT AND COPYRIGHT PROTECTION
This Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site) is owned by and/or vests in us and is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site.
Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that any work has been used on the Site in such a way that constitutes copyright infringement, please contact us at email@example.com with the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
A description of the copyrighted protected content that you believe has been infringed upon;
A full description of where on the Site this content can be found (including the relevant URL);
Your address, telephone number, and e-mail address;
A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ours and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the written permission of such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your registration or membership and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
You shall have the right to unsubscribe from the Site and/or to close Your Account on the Site at any time. Unless you delete Your Account in the intervening period, then upon any such unsubscribing your access to the Site shall end on the day before your next payment would have been due.
WARRANTIES AND LIMITATION OF LIABILITY
THE PLATFORM, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PLATFORM), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
We shall not be responsible for any connection or access to the Site by you or the quality of the transmission of any information passing between you and the Site. You will be responsible for providing your own communications equipment to access the Site via the Internet, and the Internet access charges thereon.
We do not warrant or represent that:
the Site will meet your requirements;
access to the Site will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Site will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and/or
any errors in any data or software will be corrected.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PLATFORM, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PLATFORM, FROM INABILITY TO USE THE PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY PART OF PLATFORM YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
We are not responsible for any third-party links, services, resources or information provided on or made available through the Site. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources, or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
CLASS PARTICIPATION RULES & DISCLAIMER FOR PERSONAL INJURY OR DEATH
Dance and exercise is physically challenging and carries with it risks that we cannot entirely eliminate. These include the risk of personal injury, including but not limited to; soft tissue injuries, broken bones, brain injuries, spinal cord injuries and psychological injuries.
CLASS PARTICIPATION RULES:
You must act responsibly and sensibly at all times so as not to hurt or injure yourself or others.
You should warm up before beginning any class and NEVER perform exercise beyond the level at which you feel comfortable.
Whether you are attending online or ‘in person’ classes, you are responsible for using any equipment safely and as directed. If you are attending an online class, you are responsible for ensuring that the environment in which you are undertaking the online class is a safe and suitable space.
You must not participate in any dance classes or exercise programs especially if: (i) you are pregnant; (ii) you have any pre-existing, chronic or recurring disease and/or condition(s); (iii) you are under the influence of alcohol or drugs; or (iv) you are experiencing ailments including but not limited to chest pains, shortness of breath, dizziness, light-headedness, blurred vision, nausea, headaches or other physical discomfort or pain.
If you feel unwell at anytime undertaking a class (whether online or in person at our studio) you must stop immediately. If you continue to feel unwell, you must seek immediate medial help.
You must follow any safety warnings or instructions displayed or given to you by a member of staff during an any class. Ask a member of staff if you are unclear or email us at firstname.lastname@example.org.
Please note that we are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating. The classes, tutorials and instructions provided on this Site or at our studio are NOT intended, and should NOT be used, as a substitute for professional medical advice, diagnosis or treatment.
We make no representation or warranty, whether express or implied, with respect to the safety, usefulness, or results in connection with any dance class or exercise program provided by us. Participation in online or ‘in person’ classes is entirely at your risk. In taking part in any of our classes you assume ALL risks of injury from doing so and we are NOT responsible or liable for any injury, loss or death you may sustain by participating in any dance class offered on our Site or ‘in-person’ class on at our studio. Notwithstanding the foregoing, nothing in these terms and conditions shall exclude or in any way limit Diversity’s for death or personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
GENERAL LEGAL PROVISIONS
It is a crime to use a false name or a known invalid credit card to order or subscribe. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
We may amend these Terms from time to time and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on our homepage www.diversitystudio.co.uk. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
We may assign any of our rights or obligations under these Terms, including to any of our affiliates or group company (or companies). If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership.
We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
These Terms apply when you first access the Site, whether as a guest, a registrant or a subscriber. These Terms shall supersede any and all other conditions, understandings, commitments, agreements, or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this Site fully.
Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
These Terms and your use of the Site (whether as a browser, registrant and/or subscriber) are subject to the laws of England, whose courts shall be the courts of exclusive jurisdiction.
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